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been in my
L. C. J. Here are two witnesses to prove
Mrs. Cellier. No, my lord. that my lord was angry with him for going to L. C. J. Here are two witnesses ; my lady the Tower in his name; and they both testify says there is no such thing, and Mrs. Cellier he was extremely high, and refused to carry a letter to my lord; and yet he says, in August Pris. There is another thing, that is, the following he had this discourse.
teaching the scholars at St. Omers; that I Pris. I have now only one thing to say what caught the scholars their lessons. hath passed between Mr. Oates and Mr. Dangerfield.
Turner. L. C. J. Do it as near as you can.
Sol. Gen. Pray inform my lord and the jury: Sol. Gen. We have some other evidence to what time it was you saw Mr. Dangerfield at answer this.
my lord Castlemaine's. Att. Gen. If your lordship please, we will
L. C. J. What month can you charge yourcall two or three witnesses to prove the point. self to say you saw Dangerfield in my lord Case First, to prove this last thing, that we have clemaine's company.
company later than my lord Turner. I can't say just the time. speaks of.
L. C. J. Might it be August ? L. C. J. He says August.
Turner. I can't well tell, I think it might be Att. Gen. We will prove after that time, about July. that is the time that pinches us.
Just. Raymond. Why do you think so? Pris. My lady Powis is in Court, will you L. C. J. You are not asked to accuse your hear ber?
self in any thing, but when you saw them toLady Powiy. My lord, I never did send a let-gether. ter by Mr. Dangerfield to any body in my life, Turner. I was coming down stairs, my lord. nor I never read a letter in Mr. Dangerfield's Just. Raymond. You don't tell when it was. presence, nor never had bim so much in my L. C. J. Tell us whether you can tell or no : company to read a letter or any tittle to him. If you are doubtful, say you are doubtful; but
L. C. J. I will tell you gentlemen, what he speak the truth. says; Mr. Dangerfield swears he carried a let- Turner. I can't be positive. ter from my lady Powis to my lord Castle- L. C. J. It might be in June, or July, or Aumaine, and there was an answer brought back, gust; but you think July. and that that answer of my lord Castlemaine's Turner. Yes, sir, was read before him; and (you will do well to Sol. Gen. The sooner.it is after that, the evicall Mrs. Cellier in again) my lady Powis doch dence is the better against it. deny that she ever sent a letter by him to my Att. Gen. Madam, I think your ladyship lord Castlemaine, or any body else, by him in says you never sent a letter by Dangerfield ? her life; or that she ever communicated any Lady Powis. Yes, sir. letter to him : This is apt evidence, this is the Att. Gen. Nor did you never receive any truth of it; for it answers directly to what he notes from him? says against my lord Castlemaine.
Lady Powis. I have received some notes Sir Richard Barker.
from Mrs. Cellier, which were his writing.
L. C. J. But did you ever receive a letter L. C. J. What say you, sir Richard Barker, from my lord Castlemaine ? can you give an account of Oates? When was Lady Powis. Never, my lord. Mr. Oates in town? What time that you know
Sir R. Barker. My lord, I remember we were Just. Raymond. What do you say, Mr. Atonce upon this before your lordsbip.
torney? L. C. J. In 1678 ?
Att. Gen. Hark you, Woodman, were you Sir R. Barker. Yes, my lord; the evidence sent with any letter? that I gave, my lord, was only this, that my Woodman. To whom ? servants told me that Mr. Oates had been at my Att. Gen. To my lord Castlemaine, or any house: It was before Whitsuntide in May 1678. body?
L. C. J. Did you see bim then? When was it Woodman. I was sent with one letter, it was you saw him?
Mrs. Cellier's, my lord. Sir R. Barker. My lord, I saw him after. L. C. J. To whom? L. C. J. How long after ?
Woodman. To my lord Castlemaine ; as I Sir R. Barker. My lord, it was about the remember, my lord, I took it from Mrs. Cellier's latter end of June.
daughter. L. C. J. He says to his own knowledge he Art. Gen. Did you ever receive any money saw him in June.
of my lord Castlemaine ? Att. Gen. But we have bis servants here too, Woodman. Yes, my lord. Philip Page, and Cecily Mayo.
L. C. J. What was it; How much was it? L.C. J. Do you hear, Mrs. Cellier, was there Woodman. About three pounds, or thirty any letters sent by my lord Castlemaine to my shillings, I believe. lady Powis, that was read before you and Dan- L. C. J. How do you believe it? gerfield?
Woodman. To the best of my thoughts it was, VOL. VII,
Att. Gen. Was it for Dangerfield ?
Às to Mr. Dangerfield, there are some excepWoodman. My lord, I don't know that. tions, which we must confess to be true ; but L. C. J. Have you any more?
he is a witness, and, my lord, such matters are Sol. Gen. My lord, I have this to say, to to be expected to be proved by such witnesses : prove Dr. Oates was in London in April 1678. for if a man will discover robberies, he must go
L. C. J. He doth not deny but he might be to such persons as do such things; and if treabere too.
sons, it must be among them that have been Pris. I don't dispute it my lord, I have only employed in such things. Though he were a this one word more. It is not of treason, but it dishonest man before, yet he may be honest is against niy reputation; because this man, now: he was never guilty of any treason but before your lordship, I think, has accused me as he was employed among them. There of it; and I think, my lord, I shall give you are some witnesses brought to encounter him, very good satisfaction: That is, that the boys and one is my lady Powis, who, as he says, that came from St. Omers were not instructed sent him with a letter to my lord Castlemaine; and taught by me. Now, if you please, my lord, but she says she did never send a letter by him : to give me leave to shew it, I have done. Look and others say, he would never come at my my lord, the thing that I can say, is this; Mr. lord Castlemaine after he was angry, which was Littcotta
in June. Now for that, gentlemen, you do bear Just. Raymond. You see he said it was mo- Turner say, That in July or August, for he rally impossible.
cannot tell wbich, he thinks it might be Joly, Pris. Pray, my lords
he saw Dangerfield at my lord Castleosaine's Just. Raymond. I will undertake you will so that that encounters that evidence. say it is time lost,
L. C. J. If Mr. Attorney bad not interrupted L. C. J. I will stay some time to observe me, I would not have left out any thing of this to the jury what I have taken notice of, with all nature, for I would be certainly careful wbere my heart, but I should be gone.
the king's life lies at stake : I would be sure to Pris. I have done, my lord, I would not say preserve my sovereign above all things ; and any thing to disgust any body.
therefore no man ought to think that I should L. C. J. Gentlemen of the jury, I will de- be partial in a cause wherein our religion, and liver
my observations in this cause as I would the life of the king and the government is in in any cause, to the best of my understanding, danger. But I must say on the other side, that and I will make those observations that are as there should be good competent proofs of natural as I know how to do ; and proper for these things against those accused, because you to take notice of. It is in vain to dispute their lives and fortunes, and honours, and all what my lord stands indicted of: it is for at- are at stake. And so, gentlemen, we shall tempting to murder the king, and change our discharge our consciences to the best of our government and our religion. To prove this understandings, and deal uprightly on both there have been two witnesses only that are hands. material, and that is Mr. Oates in the first For the case it stands thus : It is truly ob place; and Mr. Oates bis evidence, the sum served by Mr. Attorney, that there are but two of it is to be reduced
material witnesses to the charge of this indictL. C. J. Mr. Attorney, do you stand up to ment, that is to say, Mr. Oates and Mr. Danspeak any thing?
gerfield. Mr. Oates his testimony is in two Att. Gen. If your lordship pleases, we will things; the one close, the other is more remote. sum up the evidence for the king, not to offend That more remote is, that he had a letter to your lordship.
send to my lord Castlemaine, which he gave to L.C. J. If you would be short, Mr. Attor- the provincial to send it, and as he says, he ney, we would not hinder you of any thing. saw a letter subscribed Castlemaine ; and that
Att. Gen. I will be very short. If it please afterwards by seeing him write a superscripyour lordship, and you gentlemen of the jury, tion, he could recollect the character so well, my lord Castlemaine is here charged with high- that he believed that to be his hand which be treason. The proof that we have against him saw in Spain among the jesuits or the fathers, is by two witnesses, that is, Dr. Oates and Mr. as they call them there, to whoin tbey commuDangerfield. Mr. Oates he doth swear this, nicated that letter; wherejo he mentioned the namely, that after the consult (for I will bring general design, that is, the bringing in popery, it in short) that after the consult that was for which is the bringing in the Catholic religion, killing the king and altering the government, as they call it. That is more remote. He iny lord Castlemaine being acquainted with it says, there were letters passed between them, at Mr. Fenwick's chamber, did hope it good wherein my lord approved of soine things, and success, and that he should come to be re. disapproved of others, which related to the devenged. Mr. Dangerfield he hath proved, That sign; by which, says Mr. Oates, we meant the being treated with to kill the king, and having whole matter and transaction of killing the refused to do it, my lord Castlemaine was very king; and that doth appear by that letter be angry with him for it, and said, “ Why won't saw of my lord Castlemaine's, for that annexes you do that for which you were taken out of to design the advancing the Catholic religion prison ? Here are two witnesses express. The first time he saw him he did not know who Wbat is said against Mr. Oates signifies noilung he was; and there, at Wild-house, he says,
that my lord Castlemaine should drop out some of every judge ; and I cannot see how he can words which were suspicious, and one thing, as discharge his conscience, and the duty he owes if he understood something of this matter that to the government, in respect of his oath and they had ia agitation.
place, if he doth not make those just obserBut more particularly he says, that when he vations to the jury which are done in all cases : came to Fenwick's chamher, there was the that is to say, when men have contracted great matter. They talked before but of the great crimes upon themselves, though by law design in general, at Wild-house ; but after they may be witnesses; yet it hath always been wards meeting in Lincoln's-Inn-Fields, where observed, and their credit left them to consider he was told who he was, they went to Fenwick's of. You see how many crimes they have prochamber, where they fell a discoursing about duced, a matter of six great enormous crimes ; several things that related to the concern, and and by them you will see how far you ought to at last they tell upon the matter in hand, and consider bis testimony. Hlad Mr. Dangerfield said, they were glad to see the fathers so unani- been guilty only of being concerned in the mous in this matter : I asked about what treason, and come in as a witness, I should matter? He said, the killing of the king and bave thought him a very competent witness, for bringing in popery; to which, lie says, that my that is Mr. Oates's case; but they prove crimes lord should make answer, he wished them good of another sort and nature, and whether the success in their design, and that then he should man of a sudden be become a saint by being be revenged. This is the substance of what become a witness, I leave that to you to conMr. Oates says ; against whose testimoov, I sider, and how far you are satisfied in the main. must tell you, there hath been but little. The next thing is the opposition to his tesThere is but little thrown upon Mr. Oates by timony. He hath sworn that he carried a letter way of disgrace and 'infamy; for that verdict from iny lady Powis to my lord Castlemaine, that the jury found against bis evidence, it is and an answer returned back from my lord to not material, for then every man must be ac- her, and that my lady Powis did read it in the cused when the jury does not go according to presence of Mrs. Cellier and him. Of this my the testimony he gives. It is not to be denied, lady Powis hath been asked (it is true, they are but there is sometbing said against him in ano- not upon their oaths, but that is not their fault, ther particular, and that is his coming over the law will not allow it), and my lady Powis from St. Omers ; where he says that Mr. Hils- hath affirmed to it, as much as lay upon her to ley came over with bim in the pacquet-boat, do, that she never sent a letter by Mr. Dangerbut Mr. Hilsley denies it; Mr. Oates would field to my lord Castlemaine, nor any body else. bave salved it, by saying he left bim at St. And whereas he says Mrs. Cellier was present, Omers. It is true, says Mr. Oates, but I over- she says she knows of no such letter, nor was took him afterwards ; but he says to the point, any read in her company. And this is a conthat he came not with bim. Now, it is not 10 tradicting his evidence, supposing him to be a be denied on the other band, but Mr. Oates man otherwise untouched. And whereas Danmight be here, and my lord of Castle.naine gerfield says, that in August he was with my seems to admit it, and it is probable enough lord, and he said, how chance you would not Mr. Oates might be here. This is all I remem- do that thing for which you were brought out ber in rēference to Mr. Oates. You must of prison? What? Would you have me kill weigh well with yourselves how probable or the king ? Yes, saith he, that is it. And my not probable what he does swear is. But I lord speaking very angrily and very roughly, must tell the jury they are to weigh the natures made him thiok it time to withdraw out of his of people among themselves, as they carry pro- company, and never come into his company bability or not, or else the contidence of a more ; and that this was the time of his anger, swearer shall take away any man's life what- and no other time, my lord rather complimente soever. And to that Mr. Oates says first, I ing him, as he would say, with friendly saluunderstand not how he should be so free, Mr.
But they produce witnesses against Oates being a stranger to him, when he knew this. Says Mrs.' Cellier, this day twelvenot iny lord, and doth not know whether my month; and says t'other, about a week after lord knew him or no. But he says, my lord the jesuits were executed, which was about the must needs see the Jesuits trusted him, and beginning of July, saith she, I would have you that might make him more confident : that af- carry a letter to my lord Castlemaine ; saith terwards going to Fenwick's house, be spoke he, I would not do that, I would go an hundred broader in plain English. They were talking wiles upon another errand, but I would not go of a design to kill the king and bring in the Ca- to him. Another witness says, my lord was tholic religion ; and Mr. Oates savs, he wished mighty angry with him, and told bini the cause, them good success in the design, and that then because he went in his name to the lords in be should be revenged. How far this oath is to the Tower. First, this contradicts what he be taken or not, I must leave to your consi- said, as if there had been no anger before. The deration.
next is, that it is very improbable that my lord The next is Mr. Dangerfield; for nothing should be angry with him so much, that my infamous is proved against Mr. Oates. Dair lord should be very angry with him for going gerfield is a man of whom there is enough. You in his name to the Tower, and afterwards for see what crimes there are ; for it is the duty his refusing to kill the kiog; when he said,
• Why did you not do that you came out of a person guilty, or no? I am of opinion, it is prison for? What, my lord, to kill the king? but one witness, if you do not believe one; and Yes, that.? This is an argument in opposition I am sure one is not sufficient to find one to his testimony.
guilty: And therefore if so be you are of another - The next is a consideration for his testimony opinion, let us deal fairly and above-board, that Turner says, in answer to that, in July hie takes it may appear we deal rightly between the it, but cannot charge himself whether June, or king and his subjects, and so preserve men that July, or August, but he himself thinks July, are accused, and not guilty. that he saw hiin at the lord Castlemaine's Just. Jones. I think, in the first place, my house. And the king's counsel would gather lord hath very faithfully delivered the evidence; from that, there could not be such an unwil and I do think it necessary, in a case of Trealingness to go before that time, it being after son, that there must be two witnesses believed the time they speak of that this man saw bim by the jury. there. Whether or no it was in June, or July, Just. Raymond. I never heard any man quesor August, is something uncertain. So that I tion it. If the law says there must be two withave repeated, as near as I can, all that is sub- nesses produced, it says they must be both stantial on either part; and I have, according believed. to the best of my understanding, dealt fairly L. C. J. Now you bave our sense of it. on both sides, and observed to you what hath been sworn against my lord, and what hath
The Jury went from the bar, and returned. been said in contradiction to what they swear, Cl. of Cr. Are you all agreed of your verand what appears upon record, as to Danger- dict? field.
Jury. Yes. There is a great deal of difference between Cl. of Cr. Who shall speak for you? Mr. Oates's testimony and Mr. Dangerfield's ; Jury. The foreman. for you may believe one, when you may per- Cl.of Cr. Roger Palmer, esq.; earl of Castlechance not believe another. There are not maine in the kingdom of Ireland, hold up tby those things cast upon Mr. Oates that are upon hand, look upon the jury. Mr. Dangerfield. Now I must tell you, thongh Cl. of Cr. Is Roger Palmer esq. earl of they bave produced two, if you believe but one, Castlemaine in the kingdoin of Ireland, Guilty I think (if so be my brethren's opinions bé of the High-Treason whereof he stands indicted, otherwise, I would be very willingly contra- or Not Guilty? dicted in this matter) if two witnesses are pro- Jury. Not Guilty. duced, both speaking materially to the thing, Cl. of Cr. This is your verdict, you say he is the one is believed, and the other not. Whe- Not Guilty, so you say all ? ther upon these two witnesses the jury can find
267. The Trial of HENRY CARR, or Care, at the Guildhall of
London, for a Libel : 32 CHARLES II. A. D. 1680. AN information was filed in the Crown-office our now lord the king, at the parish of Sepulagai Henry Carr, which sets forth, That a chres, London, a certain false, scandalous and certain plot of a traiterous conspiracy was malicious book, intituled, “The Weekly Packet lately bad within this kingdom of England,“ of Advice from Rome, or the History of amongst divers false traitors of this kingdom of Popery,” maliciously and unlawfully hath England, to put to death and murder our lord printed, and caused to be published: In which king Charles 2. and the government of this book is contained among other things, as folkingdom of England, and the sincere religion of loweth: • There is lately found out by an exGod within this kingdom of England well and perienced physician, an incomparable medipiously established, to destroy and subvert, .cament, called “The Wonder-working Plais and the Romish religion within this kingdom of 'ter,” truly Catholic in operation, somewhat England to introduce; and that also divers of kin to the Jesuits Powder, but more effectraiturs for bigh-treason aforesaid, were law-tual. The virtues of it are strange and va. fully convicted and attainted, and other pero rious. It will make justice deaf as well as sons, for high-treason, aforesaid, were hy due blind, takes out spots out of deepest treasons, Course of law tried and acquitted. Neverthe more cleverly than Castile-soap does coinwon less, one Henry Carr, of the parish of Sepul- stains. It alters a man's constitution jo two chres, London, gent, knowing well the pre- or three days, more than the virtuosos transmises, but niinding, and maliciously intending' fusion of blood in seven years. is a great the government of the kingdom of England, alexipharmic, and helps poisons, and ihose and the administration of justice in the same that use thein. It miraculously exalts and pukinydom to scandalize, and to bring the same rifies the eye-siyht, and makes people beliuld in contempt :
nothing but innocence in the blackest maleThe 1st day of August, in the 31st year of factors. It is a mighty cordial for a declining
cause, stifles a plot as certainly as the itch is tion of justice in the same kingdom; to the evil • destroyed by butter and brimstone. In a word, example of all others in such a case offending, • it makes fools wise men, and wise men fools, and against the peace of our lord the king, bis • and both of them knaves. The colour of this crown and dignity. • precious balm is bright and dazzling, and To which Information appeared in the
being applied privately to the fist in decent | Court of King's-Bench, Henry Carr, by bis atmanner, and a competent dose, infallibly per- i torney, Benedict Brown, the 11th of February, • forms all the said cures, and many others not and having heard the Information aforesaid, • fit here to be mentioned.'*
said that he was Not Guilty. To the great contempt of our lord the king Issue being joined, it was tried by writ of and his laws, to the great scandal of the govern- | Nisi Prius, at the Guild-ball, before the lord ment of our now lord the king, and the laws of chief Justice Scroggs, upon the 2nd of July, this kingdom of England, and the administra- 1680, where a jury was summoned, whose name
are as followeth : Benj. Thorogood, Richard * “ The Weekly Pacquet of Advice from Blackbourne, Godfrey Richards, Leonard Bates, Rome, &c." was first published on Tuesday De- Phillip Harman, Francis Breerwood, Thomas cember the 3rd 1678, and the three next numbers Kentle, William Longman, John Debman, appeared respectively on the 10ih, 17th and 24th Lewis Wilson, Henry Loshoe, Thomas Saltet, of that month. Then the day of publication Jercaiah Gregory, Nich. Bondy, George Day, was changed from Tuesday to Friday for the Nich. Dawes, Richard Blaney, Henry Averie, convenience of dispatching the paper into the Joseph Hall, William Bridges, Thomas Lee, country by the posi accordingly; the 5th number Richard White, Randal Dod, Richard Bowater. was published on Friday, January the 3rd, 1679. Of all which only four appeared and were The work was continued untii Friday, May 28, sworn, viz. Nicholas Bondy, Leonard Bates, 1680; when I conjecture it ceased in conse- Heury Averie, Randal Dod. Whereupon a quence of the prosecution out of which arose tales was prayed and granted, and then were the trial before us. In the year 1679, the first sworn and added to the principal pannel, accor31 numbers were published in a vo.ume with ding to the form of the statute. Nicholas this title, “ The Weekly Pacquet of Advice froun Caplin, Richard Cawtham, Arthur Young, Wil. Rome, or the tiistory of Popery: A deduction liam Yap, James Wood, Thomas Gilby, John of the usurpations of the Bishops of Rome, and Odensel, Emanuel Conyers. the errors and superstitions by them from time After which the court proceeded, and the to time wrought into the church. In the pro- Recorder began to open the offence, as folcess of which ibe Papists arguments are an- lows, • swered, their failacies detected, their cruelties Mr. Recorder. (Sir George Jefferies.) This registered, their treasons and sedmious princi- person among others intending to scandalize ples observed, and the whole body of Papistry the government, hath caused a book to be anatomised, performed by a single sheet, published, which I have here in my hand, called coming out every Friday, but with a continual the Weekly Packet of Advice from Rome; there connexion.” To each being added, " The are some papers besides what are bound up to“ Popish Courant, or some occasional Joco-se- gether that are continued on, which, my lord, “ rious Reflecuons on Roinish Fopperies.” In would not be amiss for us that are of the king's the next year, the 47 succeeding numbers were counsel to take notice of, not only for the jury's collected into the "Second volume of the Week- satisfaction, but likewise for the satisfaction of ly Pacquets of Advice from Rome, or History of this great auditory, some whereof I know come Popery, displaying the horrid iives of the several to pick advantage, and to know whether or 110 bishops of Rome down to the year of our lord rascals may have liberty to print what they one thousand, and the usurpations, errors, and please. Now all the judges of England having superstitions from time to time introduced or been met together, to know whether any peradvanced in the church. Wherein also divers son whatsoever may expose to the public knowof our most important controversies with the ledge any manner of intelligence, or any inatter Papists are fairly stated and argued, their argu- whatsoever that concerns the public, they gave ments solved, their objections answered, and it in as their resolution, that no person whatsothe truth asserted, together with the Popish ever could expose to the public knowledge any Courants, or, &c.” Both volumes as well as the thing that concerned the affairs of the public, single numbers were pub ished by Langley without licence from the king, or from such Curtis, on Ludgate fill. (See the Case of Jane persons as be thought fit to entrust with that Curtis, in this Collection.)
affair. But such is the age that we live in, that The passage which is set forth in the inform- a man that hath wit enough to libel any man ation is part of the “ Popish Courant,” No. 4, in the government, thinks he hath licence of the 2d volume. In the argumentative part enough to expose that man to public knowledge of the work there is much historical and contro. also. And they do it under specious pretences, versial learning. In the other part the at- because they think that any man may be extenupts at wit are but rarely successful; the jo- posed to the public censure that they can either cularity is generaly coarse and sometimes call a papist, or but popishly affected, and brutal. The wbole is written with great acri- that man is either the one or the other, that is mody,
not agreeable to every rascally humour that